Ridesharing is a concept that has gained traction over the last decade or so, with two main rideshare companies – Uber and Lyft – contracting with drivers in Bakersfield in order to provide transportation for visitors or residents any time of the day or night. While ridesharing can provide a safer form of transportation after a night of drinking or get a resident to work when their car is in the shop, rideshare drivers exhibit the same types of negligent driving behaviors as other drivers do. These behaviors can lead to accidents resulting in injuries to rideshare passengers, as well as the occupants of other vehicles.
If you were injured in an accident caused by a negligent rideshare driver, you likely have a lot of questions about obtaining compensation for the expenses and impacts of the injuries you suffered. Can you sue Uber or Lyft? How much is your claim worth? Partnering with a Bakersfield rideshare accident lawyer from Kash Legal can help you answer all these questions about your claim and get you the compensation you deserve.
Employers generally have liability for the actions of their employees while the employees are on the job, including employed drivers who cause traffic accidents as a result of their negligence. However, in spite of tremendous efforts in California to reclassify rideshare drivers as employees for a number of reasons, rideshare drivers for Uber and Lyft continue to be classified as independent contractors. What this means is that they usually cannot be sued for the actions of contracted drivers.
However, while Uber and Lyft both classify their Bakersfield drivers as independent contractors and require drivers to maintain the minimum level of auto liability insurance required, they also provide a third-party liability policy of up to $1 million in some cases to compensate the expenses and impacts of the harm caused to others as a result of accidents caused by their drivers. This policy is available if the driver’s insurance provider denies the claim due to the driver’s failure to inform the insurer that they were engaging in commercial activities with their personal vehicle or if the claim exceeds the limits of the driver’s personal policy.
The availability of Uber or Lyft’s million dollar policy depends on whether the rideshare driver was using their car for personal reasons, had their app on and was waiting for a ride, or was en route to pick up a passenger or transporting the passenger when the accident occurred. Each company provides the following coverages:
It should be noted that not all accidents involving rideshares are the fault of the rideshare driver. If another driver is liable, compensation can be sought from that driver’s auto liability policy. One of the many important tasks that an experienced Bakersfield rideshare accident lawyer can provide is a thorough investigation of your case in order to determine who was liable for the accident and the insurance resources that are available to compensate the claimant.
Bakersfield rideshare claimants can use the personal injury claims process to seek compensation for the expenses of their accident, known as economic damages. These can include medical costs, wage loss, loss of earning capacity as a result of permanent and disabling injuries, and property damage they sustained in the accident, such as damage to the vehicle of another roadway user.
Injured parties can also seek compensation for the psychological impacts they incurred as a result of the accident, which are known as non-economic damages. The type of impacts that are normally claimed include physical and mental pain and suffering, loss of consortium, and loss of the enjoyment of life.
Having multiple liability policies in place to seek compensation from is helpful for the ability to obtain the compensation you need. However, it adds an additional layer of complexity to a process that is already difficult for those who are not experienced in the law. A rideshare accident lawyer not only brings the experience you need to go up against greedy insurance companies, but also an understanding of the type of compensation you need.
The vast majority of personal injury claims, including those that involve rideshare drivers, are settled before they ever see a courtroom. However, once a claimant accepts a settlement, they waive their right to seek any additional compensation for the claim if they later realize that they didn’t receive enough. It is important not only that the claim is properly valued, but that all efforts are made to negotiate the highest settlement possible for the claimant. It is also imperative that the claimant’s right to seek compensation for the matter through the courts remains intact and that they have an experienced Bakersfield rideshare accident attorney to present the case in court.
The team at Kash Legal has garnered over $300 million in settlements and awards on behalf of our clients, and we are extremely familiar with the impacts of ridesharing on the claims process. Our Bakersfield rideshare accident attorney are committed to providing quality legal services as well as quality customer service in order to best serve and advocate for our clients.
Let a Bakersfield rideshare accident lawyer from Kash Legal help you determine your next steps in obtaining compensation for the financial and emotional costs of your injury. For your free case evaluation, contact us online or call us at (888) 527-4128.
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